Senate Bill 432 – More Changes to Association Elections

Senate Bill 432 (“SB 432” or the “Bill”), taking effect on January 1, 2022, makes changes and provides clarification to homeowners’ associations’ election procedures and director candidate qualifications. First and foremost, the Bill resolves deadline conflicts with regards to recall elections caused by SB 323 which took effect on January 1, 2020. Generally, recall elections are called by a petition of the members, to which Corporations Code §7511(c) requires associations to hold recall elections no Read more…

Changing Requirements for Maintaining Association Funds and Insurance Policies

Managing association funds and maintaining association insurance are two important responsibilities the Board of Directors (“Board”), along with the association’s management company, must undertake. AB 1101 was recently passed and signed into law by Governor Newsom and became operative January 1, 2022. This new legislation requires the association’s managing agent to change the way association funds are deposited and maintained and requires the association to add additional insurance coverage to its books. These changes, including Read more…

SB 392 Signed! Changes to Individual and General Delivery

On October 7, 2021, California Governor Gavin Newsom signed Senate Bill 392 (“SB 392”) into law. Roseman Law has received several requests to provide additional information on how SB 392 impacts community associations. This article provides a brief overview of SB 392 and important considerations regarding how associations provide their members with documents via general and individual delivery. What Topic Does SB 392 Cover? SB 392 mandates that an association shall deliver a document in Read more…

Virtual Meeting Notice

Virtual Meeting Notice

As we prepare to close out 2021, we would like to highlight some important new legislation that affects your common interest development. On September 23, 2021, Governor Newsom signed SB 391 into law as urgency legislation, and it became effective immediately.  SB 391 adds Section 5450 to the California Civil Code, establishing that California common interest developments are permitted to conduct board meetings and meetings of the membership via video or teleconference if gathering in Read more…

Legal Update

2021-2022 LEGISLATIVE AND CASE LAW UPDATE

Approved Bills and Affected Statutes AB 345 – Accessory Dwelling Units – Separate Conveyance Effective January 1, 2022 Amends Government Code §§ 65852.2 and 65852.26. Current law authorizes a local agency to provide, by ordinance, for the creation of accessory dwelling units in single-family and multifamily residential zones and requires a local agency that has not adopted an ordinance to ministerially approve an application for an accessory dwelling unit, and sets forth required ordinance standards, Read more…

Virtual Meeting

Legislature Authorizes Virtual Meetings During States of Emergency

Senate Bill 391 was passed in response to the state and federal emergency declarations and prohibitions on in-person gatherings which forced most associations to move their board and membership meetings to virtual platforms in 2020.  Over a year-and-a-half after the Covid-19 pandemic first caused us to change our ways of life and doing business, virtual meetings have become commonplace for many community associations. SB 391 amends provisions of the Davis-Stirling Act to permit associations to Read more…

Clean-Up of the Rental Restrictions Law

As most of you probably already know, a new law went into effect in January regarding rental restrictions. In general terms, the new law only allows associations to prohibit short term rentals of thirty days or less, and to enforce a cap on rentals of twenty-five percent or more of the units in the association, and that’s about it. As for the timing, all associations were required to fully comply with this new law as Read more…

Elections by Acclamation (AB-502)

There was a bill that went into effect last year which allowed communities containing 6,000 or more units to take advantage of a process known as “Election by Acclamation”. For those unfamiliar with that term, it essentially means that if you have an uncontested election where you have the same number of candidates running for election as there are open seats, then you already know the outcome of the election and don’t need to go Read more…

SB-9 and the Dangers of Lot-Splitting

On September 16, 2021, California Governor Gavin Newsom signed Senate Bill 9 (“SB 9”) into law. Also known as “The Duplex Bill”, SB 9 purports to address the housing crisis in California by allowing for the ministerial, or automatic, approval of certain lot-splits and housing development projects containing up to two dwelling units. With SB 9 set to take effect on January 1, 2022, Roseman Law has received many requests to provide additional guidance on how Read more…

Budget Season Survival Guide

As we approach the end of the fiscal year for many associations, the Annual Budget Report and Annual Policy Statement are at the top of the mind for many board members and managers. Ensuring your association has properly complied with the Annual Budget Report requirements and Annual Policy Statement requirements listed below will help ensure your association is appropriately prepared for the next fiscal year. An association can only raise regular assessments for the coming Read more…